A second DUI in South Carolina
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Five days, thirty or ninety — and none of it can be suspended. South Carolina prices the second DUI off the breath reading in three bands, and then removes the usual escape routes from all of them. No part of the minimum sentences may be suspended, and on a second or subsequent offence the statute says plainly that service of the minimum sentence is mandatory. The fine cannot be suspended below $1,100 in any band, and the court is barred from suspending a fine down past the next preceding minimum. What the judge does keep is discretion over how the time is served — the statute expressly allows weekend service or nighttime service on terms the judge considers necessary. Priors count over a ten-year window ending with the current offence, and out-of-state convictions, guilty pleas, nolo pleas and bail forfeitures all count as priors.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second DUI in SC — and the paperwork will use none of them. South Carolina charges it under a section number, and that is what decides the range below.
Grade. Misdemeanor
Confinement. Not less than 5 days nor more than 1 year; 30 days to 2 years at 0.10–0.16; 90 days to 3 years at 0.16 or more
Fine. $2,100 to $5,100; $2,500 to $5,500 at 0.10–0.16; $3,500 to $6,500 at 0.16 or more
South Carolina Code § 56-5-2930 · S.C. Code § 56-5-2930(A)(2), (B), (C), (D) · checked 2026-09-06
The device is a separate track
Since the All Offender Law took effect on 19 May 2024, every DUI conviction in South Carolina means a device if you want to drive at all. Drivers convicted of a first DUI below 0.15% whose offense predates that day may still choose. Decline to enroll and the suspension runs indefinitely — there is no waiting it out.
In South Carolina the interlock term runs Set by the offense and is administered by SC Department of Probation, Parole and Pardon Services, with SCDMV holding the record — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: SC Department of Probation, Parole and Pardon Services, with SCDMV holding the record
South Carolina DUI questions
Is there a 2nd DUI in South Carolina with no jail time?
South Carolina prices the second DUI off the breath reading in three bands, and then removes the usual escape routes from all of them. No part of the minimum sentences may be suspended, and on a second or subsequent offence the statute says plainly that service of the minimum sentence is mandatory. The fine cannot be suspended below $1,100 in any band, and the court is barred from suspending a fine down past the next preceding minimum. What the judge does keep is discretion over how the time is served — the statute expressly allows weekend service or nighttime service on terms the judge considers necessary. Priors count over a ten-year window ending with the current offence, and out-of-state convictions, guilty pleas, nolo pleas and bail forfeitures all count as priors.
How likely is jail time for a second DUI in SC?
Start from what the statute forces and what it leaves to the judge. The floor here is not less than 5 days nor more than 1 year; 30 days to 2 years at 0.10–0.16; 90 days to 3 years at 0.16 or more. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DUI in South Carolina?
Misdemeanor: not less than 5 days nor more than 1 year; 30 days to 2 years at 0.10–0.16; 90 days to 3 years at 0.16 or more, and a fine of $2,100 to $5,100; $2,500 to $5,500 at 0.10–0.16; $3,500 to $6,500 at 0.16 or more. The range is set by S.C. Code § 56-5-2930(A)(2), (B), (C), (D), and the figures on this page come from the statute rather than from a summary of it.
Does an interlock come with it in South Carolina?
Since the All Offender Law took effect on 19 May 2024, every DUI conviction in South Carolina means a device if you want to drive at all. Drivers convicted of a first DUI below 0.15% whose offense predates that day may still choose. Decline to enroll and the suspension runs indefinitely — there is no waiting it out. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by SC Department of Probation, Parole and Pardon Services, with SCDMV holding the record.
Other steps in South Carolina: first offense penalties and when it becomes a felony penalties.
All South Carolina DUI rules →Penalties across the states →South Carolina DUI lawyers →Getting the license back →
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